Meeting documents
Licensing Decisions
Tuesday, 12th February, 2013
Royal Food & Wine
The Application
Royal Food & Wine, 274 Lytham Road Blackpool has the benefit of a Premises Licence authorising the sale of alcohol for consumption off the premises during the following hours:
Weekday 08.00 - 23.00
Sundays 10.00 - 22.30
Christmas Day 12.00 - 03.00 and 19.00 - 22.30
Good Friday 08.00 - 22.30
The application for consideration today is to vary the Licence to authorise the sale of alcohol 07.00 - 00.00 (10.00 - 22.30 Sundays)
A copy of the application is attached at Appendix 4a
The Applicant
The application has been submitted by Parameswaran Nagaratnam
Relevant Representations
Representations have been received by Public Health Blackpool attached at Appendix 4b
Local Policy Considerations
The application is situated within the area covered by the off licence saturation policy
National Guidance
None
The effect of the off licence saturation policy is to create a rebuttable presumption that applications in the wards listed above will be refused. To rebut this presumption, an applicant would be expected to show through the operating schedule, and where appropriate, with supporting evidence, that the operation of the premises will not add to the cumulative impact already being experienced. This policy does not act as an absolute prohibition on the granting of new licences.
Background Papers
None
Determination
Members are requested to determine the application
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Smith Councillor Lee and M Mitchell
Declarations of Interests
Councillors Lee, M Mitchell and Smith all declared that they were members of the Planning Committee but that they had not considered a planning application in respect of these premises.
Panel Advisers
Mrs S Davies, Principal Solicitor- Licensing
Mr L Beattie, Clerk to the meeting- Democratic Services
Applicant/Applicant's Representative(s) in attendance
Mr P Nagaratnam, Applicant
Representors
Mr S Morton, NHS Blackpool
Other Parties
None
Time permitted to speak
Having considered the written representations, it was agreed to allow ten minutes for all parties.
Time Hearing Commenced
10:00 AM
Time Hearing Terminated
10:50 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the representations made by the applicant and the representation at the meeting.
It was noted that the application was within the Cumulative Impact Area for off-licences and that this created a rebuttable presumption against the granting of or adding to licences within this area as there was
Having considered the evidence submitted, the Panel was not satisfied that it had received sufficient evidence that the application if granted would not impact on the cumulative impact already experienced in the area and therefore the variation to the licence should be refused apart from the variation request for Good Friday and Christmas Day.
PANEL DECISION
That the application for a variation to the premises licence for Royal Food and Wine be refused.
That the hours of licensable activity for Good Friday and Christmas Day be amended to be in line with the hours for weekdays or Sundays.
The Application
Royal Food & Wine, 274 Lytham Road Blackpool has the benefit of a Premises Licence authorising the sale of alcohol for consumption off the premises during the following hours:
Weekday 08.00 - 23.00
Sundays 10.00 - 22.30
Christmas Day 12.00 - 03.00 and 19.00 - 22.30
Good Friday 08.00 - 22.30
The application for consideration today is to vary the Licence to authorise the sale of alcohol 07.00 - 00.00 (10.00 - 22.30 Sundays)
A copy of the application is attached at Appendix 4a
The Applicant
The application has been submitted by Parameswaran Nagaratnam
Relevant Representations
Representations have been received by Public Health Blackpool attached at Appendix 4b
Local Policy Considerations
The application is situated within the area covered by the off licence saturation policy
National Guidance
None
Observations
The effect of the off licence saturation policy is to create a rebuttable presumption that applications in the wards listed above will be refused. To rebut this presumption, an applicant would be expected to show through the operating schedule, and where appropriate, with supporting evidence, that the operation of the premises will not add to the cumulative impact already being experienced. This policy does not act as an absolute prohibition on the granting of new licences.
Background Papers
None
Determination
Members are requested to determine the application
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Smith Councillor Lee and M Mitchell
Declarations of Interests
Councillors Lee, M Mitchell and Smith all declared that they were members of the Planning Committee but that they had not considered a planning application in respect of these premises.
Panel Advisers
Mrs S Davies, Principal Solicitor- Licensing
Mr L Beattie, Clerk to the meeting- Democratic Services
Applicant/Applicant's Representative(s) in attendance
Mr P Nagaratnam, Applicant
Representors
Mr S Morton, NHS Blackpool
Other Parties
None
Time permitted to speak
Having considered the written representations, it was agreed to allow ten minutes for all parties.
Time Hearing Commenced
10:00 AM
Time Hearing Terminated
10:50 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the representations made by the applicant and the representation at the meeting.
It was noted that the application was within the Cumulative Impact Area for off-licences and that this created a rebuttable presumption against the granting of or adding to licences within this area as there was
Having considered the evidence submitted, the Panel was not satisfied that it had received sufficient evidence that the application if granted would not impact on the cumulative impact already experienced in the area and therefore the variation to the licence should be refused apart from the variation request for Good Friday and Christmas Day.
PANEL DECISION
That the application for a variation to the premises licence for Royal Food and Wine be refused.
That the hours of licensable activity for Good Friday and Christmas Day be amended to be in line with the hours for weekdays or Sundays.
